Threatened with small claims complaint.

[fenderjw]

I bought a vehicle from a guy in another state off of an internet site. He reperesented the car as being in "good shape" and as a "daily driver". I sent him a deposit over the net and met with him a few days later in Georgia (his home state) to pick up the car. He did not have the title and I withheld part of the money (about 20%) until he delivered the title (which he did in a couple of weeks). In the mean time, the car left me by the side of the road on the way home. It has no heat and is definately NOT in the condition he described. I have not sent him the rest of the money because putting the car into the shape that it was supposed to be in when I bought it is going to cost nearly twice the remaining balance. I contacted him and tried to reconcile the problem. I asked that he either refund my money or agree to forfeit the balance that I owed him. He doesn't want to do either and is threatening to take me to small claims (magistrate's court). I am in SC. He wants to file his claim in GA (where I picked up the car). Am I correct in assuming that he has to file the claim in my county of residence? What chance do I stand to be able to keep the money to perform the repairs?

Thanks for any advice
fenderjw

 

[fenderjw]

Anyone?

Anyone care to respond?

Thanks
fenderjw

 

[Michael Wechsler]

1) You are correct that the defendent will likely have to file his case in your county, the county of the defendant, in order to use small claims court.

2) I don't know the terms of your deal but generally "caveat emptor" or "let the buyer beware" applies. I'm assuming that the seller would claim this was an "as is" transaction unless there was a guarantee made by the seller. You should have inspected the car. "Good shape" can mean many things and that doesn't guarantee that the car will not fail soon thereafter. It would seem likely that you assumed the risk that the car may fail. I'm curious, did you accept title and register the car in your name?

I bought a vehicle from a guy in another state off of an internet site. He reperesented the car as being in "good shape" and as a "daily driver". I sent him a deposit over the net and met with him a few days later in Georgia (his home state) to pick up the car. He did not have the title and I withheld part of the money (about 20%) until he delivered the title (which he did in a couple of weeks). In the mean time, the car left me by the side of the road on the way home. It has no heat and is definately NOT in the condition he described. I have not sent him the rest of the money because putting the car into the shape that it was supposed to be in when I bought it is going to cost nearly twice the remaining balance. I contacted him and tried to reconcile the problem. I asked that he either refund my money or agree to forfeit the balance that I owed him. He doesn't want to do either and is threatening to take me to small claims (magistrate's court). I am in SC. He wants to file his claim in GA (where I picked up the car). Am I correct in assuming that he has to file the claim in my county of residence? What chance do I stand to be able to keep the money to perform the repairs?

Thanks for any advice
fenderjw

 

[fenderjw]

Titled.

Yes sir, I titled the car in my name (and my wife's name) soon after receiving the title and before I saw the bill for repairs.

Thanks for the advice.
fenderjw

 

[fenderjw]

But???

Sir;
Based on your earlier reply, I am curious. What form does his guarantee have to take? The problems that the car has are not readily apparent. He verbally assured us (My wife and I) that the car ran fine "after it warmed up" and that it could be depended upon as a daily driver.

Thanks again
fenderjw

 

[freebird]

A guarantee can be in any form, verbal or written althoug it's easier to prove the latter. While you can go to small claims, this could be a touch case and you might have a tough time getting more than half of what you seek and half if you are lucky. With used cars, as anything, unless the seller knew about a defect and deliberately concealed the defect, you take it at your own risk. Perhaps at the time you bought the car it did run fine. Did you have the car inspected? Did you inspect the car? These are items that you need to do before you purchase. After you take title, unless you have the exception above I would state that you have accepted the deal.